R. v. Eriksen (J.A.), 2005 YKCA 5

• Judge: Finch, C.J.Y.T., Newbury and Fitzpatrick, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: September 12, 2005
• Jurisdiction: Yukon
• Citations: 2005 YKCA 5;(2005), 216 B.C.A.C. 158 (YukCA)

R. v. Eriksen (J.A.) (2005), 216 B.C.A.C. 158 (YukCA);

    356 W.A.C. 158

MLB headnote and full text

Temp. Cite: [2005] B.C.A.C. TBEd. OC.009

Regina (respondent) v. John Abraham Eriksen (appellant)

(YU00532; 2005 YKCA 5)

Indexed As: R. v. Eriksen (J.A.)

Yukon Court of Appeal

Finch, C.J.Y.T., Newbury and Fitzpatrick, JJ.A.

September 12, 2005.

Summary:

The accused pleaded guilty to possession of a firearm while prohibited and improper storage of a firearm. The probation portion of his sentence provided that the accused abstain from possessing, consuming or purchasing alcohol, non-prescription drugs or other intoxicating substances. The accused appealed this condition of probation.

The Yukon Court of Appeal allowed the appeal in part. The court struck the provision for testing on demand, but held that the trial judge did not err in imposing the alcohol abstention order.

Criminal Law - Topic 5799.4

Punishments (sentence) - Prohibition orders - Respecting alcohol and drugs - The accused pleaded guilty to possession of a firearm while prohibited and improper storage of a firearm - The probation portion of his sentence provided that the accused abstain from possessing, consuming or purchasing alcohol, non-prescription drugs or other intoxicating substances - The accused appealed this condition of probation, submitting that the trial judge erred in imposing the condition where alcohol was unrelated to the offences for which he was sentenced and there was no evidence of a history of alcohol dependence or abuse - The Yukon Court of Appeal dismissed the appeal - The accused had 37 prior convictions, including 15 for breaching court orders - Although there was no transcript of the submissions made to the judge, the judge granted the abstention order "to assist you in your efforts to remain sober" - Absent objection to that by the accused, there was evidence of alcohol dependency and abuse - The court did strike the requirement that the accused submit to a test on demand.

Cases Noticed:

R. v. Shoker (H.S.) (2004), 206 B.C.A.C. 266; 338 W.A.C. 266; 192 C.C.C.(3d) 176; 2004 BCCA 643, refd to. [para. 8].

Counsel:

G.R. Coffin, for the appellant;

D.A. McWhinnie, for the respondent.

This appeal was heard on September 12, 2005, at Vancouver, B.C., before Finch, C.J.Y.T., Newbury and Fitzpatrick, JJ.A., of the Yukon Court of Appeal.

On September 12, 2005, the judgment of the Court was delivered orally and the following opinions were filed:

Finch, C.J.Y.T. - see paragraphs 1 to 9, 12;

Newbury, J.A. - see paragraph 10;

Fitzpatrick, J.A. - see paragraph 11.